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present time, Petitioner's gross income is approximately 51600.00 per month.
That the Petitioner by unrefuted evidence showed a loss in excess of 5752.00
per weak over and above his income, and that Petitioner has to rely upon the
financial assistance of his present wife. That the Petitioner showed that
the principal source of his livelihood is as a real estate salesman and that
as such, it is absolutely essential for a real estate salesman to have a pro-
per automobile, good clothing, be able to properly entertain clients and -
customers and socialize in the proper circles in aid of .his business. Thus, -
the Petitioner would naturally incur greater expense than one not so employed.
2. FURTHER, the evidence showed that the Responden , V,IR~'~~',~~NI~1 S PADRICK
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is not gainfully employed though evidence showed that,j her cage to
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Petitia~ner, she was a capable secretary. That under the present philosophy
relating to husband and wife, the Court must consider the Wife's needs and the
Husband's ability to pay, taking into consideration if the Nife worked and
provided income for herself, her needs would be commensorately lower. 'Ihe
Court further finds from the evidence that the Husband does not have the
ability to pay to the Wife the continued alimony as set forth in the final
- judgment, and that the hlife has not done her full part and could have by be-
coming gainfully employed. In this case, the evidence may be interpreted to
show that the Respondent was in a better financial position than the Petitioner,
in that, the Responden is without debt and has re ely low expenses and
a Oo a~r e o a -ae y - -
still has approximatel ..~;669~-in savings. In addition, she is seeking a
~ judgment for arrearage in alimony and child support, and such sums are by law
held by the courts to be vested, and which will thus increase her net worth by
~ the amount of such arrearage, as determined by this Court in a separate pro-
ceeding.
3. It was stipulated by counsel before the Court that Paragraph 2 of
the final judgment dated April 6, 1970, shall be modified, in that, the care
and .custody of the minor child, ROBERT w. PADRICK, JR., shall be granted to
Petitioner-with the Respondent, VIRGINIA S. PADRICK, having reasonable rights
~ of visitation with the child at reasonable times and places, and that Para-
~ graph 3 of the final judg~ent shall be amended, in that, there shall be no
further requirement of ROBERT W. PADRICK, to pay child support and maintenance -
- of the minor child, ROBERT W. PADRICK, JR., to the Respondent, VIRGINIA S.
~ - ° R ~ ~GE1874
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